Environmental Law Commons^™

The Advent Of Modified Riparianism In South Carolina, J. Blanding Holman Iv

Southeastern Environmental Law Journal

No abstract provided.

Environmental Concerns Created By Current United States Border Policy: Challenging The Extreme Waiver Authority Granted To The Secretary Of The Department Of Homeland Security Under The Real Id Act Of 2005, Andrea C. Sancho

Southeastern Environmental Law Journal

No abstract provided.

Climate Change And South Carolina's Economy, Art Von Lehe

Southeastern Environmental Law Journal

No abstract provided.

Can Biofuels Solve The Problems Of American Foreign Oil Dependence, Malinda Mcaleer-Pennington

Southeastern Environmental Law Journal

No abstract provided.

Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.

Six Principles For Integrating Non-Governmental Environmental Standards Into Smart Regulation, Stepan Wood, Lynn Johannson

Osgoode Hall Law Journal

Ontario recently introduced environmental penalties (EPs), the environmental equivalent of speeding tickets. EPs are widely understood as part of a move toward "smarter" environmental regulation. As part of the EPs regime, facilities with an environmental management system aligned with ISO 14001 or Responsible Care qualify for reduced penalties. The Ontario government's attempt to incorporate voluntary standards-such as ISO 14001-into its EPs regulations was not very smart, however, because it failed to observe six principles that, in our view, should guide the incorporation of standards into smart regulation. First, do not reinvent the wheel. If an existing standard fulfills the objectives …

Environmental Justice For All - The Navy's Recent Failure To Protect North Carolina's Citizens, William S. Eubanks Ii

North Carolina Central Law Review

No abstract provided.

Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal

Duke Environmental Law & Policy Forum

No abstract provided.

Séances, Ciénegas, And Slop: Can Collaboration Save The Delta?, Bret C. Birdsong

Nevada Law Journal

No abstract provided.

Beyond Conjecture: Learning About Ecosystem Management From The Glen Canyon Dam Experiment, Alejandro E. Camacho

Nevada Law Journal

No abstract provided.

Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant

Nevada Law Journal

No abstract provided.

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

William & Mary Law Review

In Massachusetts v. EPA, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent or when states are entitled to more lenient standing. This Article concludes that the Court has historically given states preferential status in federal courts when a state files a parens patriae suit based on the state's quasi-sovereign interest in the health and welfare of its citizens or the natural resources of its inhabitants and territory. A quasi-sovereign interest is inherently less concrete and particularized than the types of injuries that …

Massachusetts Versus Epa: Parens Patriae Vindicated, Ryke Longest

Duke Environmental Law & Policy Forum

No abstract provided.

Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast

Duke Environmental Law & Policy Forum

No abstract provided.

The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta

Duke Environmental Law & Policy Forum

No abstract provided.

Climate Change And The Limits Of The Possible, Jedediah Purdy

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni

Duke Environmental Law & Policy Forum

No abstract provided.

Come Hell Or High Water: Reexamining The Takings Clause In A Climate Changed Future, Michael A. Hiatt

Duke Environmental Law & Policy Forum

No abstract provided.

Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly

Vanderbilt Law School Faculty Publications

A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …

Making Nuisance Ecological, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to regulatory law with respect to the environment. In particular, whereas nuisance doctrine has been criticized - many say too harshly - as being inadequate for dealing with the demands of modern pollution control, it has never been considered as having much at all to do with management of ecological concerns. Yet nuisance law evolves with changed circumstances and new knowledge. This …

Introduction: Common Law Environmental Protection, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant, portions of the existing regulatory regime. Some environmental advocates have come to the conclusion that state-based tort law may be more protective than federal regulations. At the same time, private litigators and state attorneys general are reviving common law causes of action in an effort to augment existing regulatory controls.

Is the common law a viable means of addressing …

Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler

Faculty Publications

Although economic theory would predict that states would lag behind federal efforts to control environmentally harmful emissions, there has been far more action on climate change in state capitols than in Washington, D.C. Without federal action, states have stepped in to fill the policy void on climate change. State-level action on climate change is unlikely, in itself, to have much impact on atmospheric concentrations of greenhouse gases or projected rates of future warming. Nonetheless, the level of state activity is significant.

The aggressiveness of state climate policy initiatives, and potential conflict between federal and state regulatory measures, provides an opportunity …

The Economic Theory Of Nuisance Law And Implications For Environmental Regulation, Keith N. Hylton

Faculty Scholarship

In this article, I will explore in detail the structure of nuisance law as a mechanism for regulating environmental interferences and suggest a modernized enforcement regime. The modem regime would retain public enforcement primarily in identifying environmental harms. Public enforcement might also be retained in the discovery of sources of harm, as long as it is more efficient than private enforcement in that task. However, enforcement efforts in the proposed regime would largely be delegated to private enforcers. Moreover, the decentralized approach would permit tougher environmental rules than under the public enforcement approach in some areas, and perhaps weaker regulations …

"Are We There Yet?": Reflections On The Success Of The Environment Law Movement In Ontario, D. Paul Emond

Osgoode Hall Law Journal

In this short article, the author explores the history of the environmental law movement in Canada and explains how this history has affected many of the environmental laws and trends today. With a focus on Ontario, the author reports back from a round table discussion held in Toronto in early 2008. Some of Canada's leading environmental lawyers, as well as many of the pioneers of the environmental law movement, reflected at the round table on the extent to which their aspirations for strong, effective environmental laws have been met and how much more remains to be done. While we are …

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Osgoode Hall Law Journal

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …

Putting Ethics Into Environmental Law: Fiduciary Duties For Ethical Investment, Benjamin J. Richardson

Osgoode Hall Law Journal

This article argues that environmental law must target the financial sector, which sponsors and profits from environmental pillage. The rise of a system of finance capitalism has made the financial sector a crucial economic sector. A long-standing movement for socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While the SRI movement has gained more influence in recent years, it has come at the price of jettisoning its former emphasis on ethical investment in favour of an instrumental, business case approach. Some modest legal reforms to improve the quality and extent of SRI have yet to …

Containing The Gmo Genie: Cattle Trespass And The Rights And Responsibilities Of Biotechnology Owners, Katie Black, James Wishart

Osgoode Hall Law Journal

Genetically modified organisms (GMOs) have caused substantial economic losses by contaminating non-GMO crops and threatening the economic self-determination of non-GMO farmers. After Monsanto v. Schmeiser, biotech IP owners hold most of the rights in the property "bundle" with respect to bioengineered organisms. This commentary highlights the disequilibrium between these broad patent rights and the lack of legal responsibility for harms caused by GMO products. The authors propose that there is a role for tort law--specifically the tort of cattle trespass--in fairly allocating risk and responsibility. The doctrine of cattle trespass reflects a policy of distributive justice, positing that the unique …

Agenda: Securing Environmental Flows On The Colorado River In An Era Of Climate Change: Issues, Challenges, And Opportunities, Western Water Policy Program, University Of Colorado Boulder. Natural Resources Law Center, Nature Conservancy (U.S.), Trout Unlimited, Environmental Defense (Organization), Western Water Assessment (Program), Western Resource Advocates, United States. Bureau Of Reclamation

Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges and Opportunities (March 21)

The Colorado River is the primary surface water resource of the Southwest, providing water to approximately 30 million residents. Studies and policy decisions associated with a recently completed EIS point to an ever-tightening water supply due to longstanding growth pressures exacerbated by significant climate change impacts. Given these trends, how can the river’s environmental needs be satisfied?

On March 21st, the Center’s Western Water Policy Program brought together four leading Colorado River experts along with an audience of approximately 70 water professionals to discuss “Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges, and …

Massachusetts V. U.S. Epa Part Ii: Implications Of The Supreme Court Decision: Hearing Before The H. Select Comm. On Energy Independence And Global Warming, 110th Cong., Mar. 13, 2008 (Statement Of Professor Lisa Heinzerling, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Picking Up On What's Going Underground: Australia Should Exempt Carbon Capture And Geo-Sequestration From Part Iiia Of The Trade Practices Act, Adam M. Andrews

Washington International Law Journal

Australia has identified carbon capture and geo-sequestration (“CCS”) as a partial solution to the problem of global warming. CCS involves capturing carbon dioxide from large point-source emitters, such as power plants, and injecting it deep below ground level for disposal. Australia has not yet enacted CCS-specific regulations. As it stands now, Australia’s third-party access law, Part IIIA of the Trade Practices Act, creates regulatory uncertainty for CCS infrastructure projects and will deter investment in the industry. This regulatory uncertainty results from the ambiguous criteria used to determine whether a piece of infrastructure is appropriate for third-party access. Legislators could address …